Suspects in assisted dying cases wait far too long on prosecution decision, says ex-DPP

The former director of public prosecutions Sir Max Hill has said a review of assisted dying laws should consider how bereaved suspects are forced to endure long waits before being told whether they face prosecution.

During his time as DPP for England and Wales, from 2018 to 2023, Hill said he considered 27 cases for potential charges involving assisted suicide. He considered only one met the evidential and public interest threshold for a prosecution.

In his first public comments on the issue since leaving office, Hill told the Observer: "I found in almost none of those cases that it would have been right to prosecute." He said his experience raised questions about "the clarity of the law, the rules and the safeguards".

The often elderly and recently bereaved people who may have helped a loved one to die could face a wait of up to two years before being told whether they would face charges. "We are dealing with people often in their 70s and 80s who have to endure long waits," he said. "There is considerable uncertainty for them."

The fact that the vast majority of cases investigated by police and considered by Hill did not result in prosecution will add to the pressure for an assisted dying bill to be passed by parliament. Keir Starmer, himself a former DPP, has said he remains committed to give MPs a free vote on legalising assisted dying.

The DPP is currently required to consider bringing a prosecution under the Suicide Act 1961 (England and Wales). The maximum sentence is 14 years. Hill said parliament needed to consider introducing new legislation and statutory safeguards that reduced the need for the DPP to consider the evidential and public interest case for prosecution.

Hill said under the current laws some people had the financial resources to travel to Dignitas , the assisted dying clinic in Switzerland, but there were concerns about similar cases in England and Wales "behind closed doors", involving people with more limited funds. He said: "Greater clarity in the law, and the rules and safeguards, would put everyone on a level footing."

He said any new laws would still ensure that the Crown Prosecution Service could continue to prosecute murder and manslaughter including such cases where someone may have been coerced into a decision or an individual was motivated by a financial reward or benefit by their actions.

Figures released last year revealed that from April 2009 to March 2024 there were 187 cases referred to the CPS by the police recorded as assisted suicide. Of these cases, 127 were not proceeded with by the CPS and 36 cases were withdrawn by the police. Four cases of encouraging or assisting suicide were successfully prosecuted.

Sarah Wootton, chief executive of Dignity in Dying, said: "Dying people are denied real choice over their death, they are forced to either suffer against their wishes or take matters into their own hands. Some act alone if they are physically able to. But many cannot and must beg loved ones to break the law to help them, often resulting in months if not years of traumatic police investigation, all while grieving.

"An assisted dying bill would provide choice to those of us who want and need it as we die, and introduce practical measures to assess eligibility, ensure rigorous medical oversight, and robustly monitor every part of the process." Wootton is appearing with Hill on a panel on assisted dying on Sunday at the Labour party conference in Liverpool .

A bill allowing terminally ill people with six months or less to live to get medical help to end their lives was introduced into the House of Lords by former Labour justice secretary Lord Falconer in July. Under the proposed legislation, the choice would have to be approved by two doctors and the high court.